Legal Question in Civil Litigation in New York

How can I ensure that a final order gets to judge for her to sign. The motion was granted but the court clerks in helping the defendants are keeping the order from being signed. Complaints to the administrative judge and to the chief clerk and letters to the judge have all been to no avail. The order was set to be signed over 3 months ago and this is the 4th month. request to talk to the judge have been denied. I suspect the defendants have the clerk delaying things so as to use the statute of limitations as an argument.


Asked on 12/10/11, 11:35 am

1 Answer from Attorneys
Michael Haber Law Offices of Michael S. Haber

It seems to me the best, quickest, and least expensive option is for you to write a letter to the Judge (with a copy to the other side) enclosing a duplicate copy of the proposed order, and indicating in a letter that you are providing same in the event the original was lost or mislaid. In doing so, submit proof of the earlier submission of the proposed order. Be polite in your letter, and keep the letter exceedingly short (perhaps three sentences).

As for your statute of limitations contention, the limitations period is satisfied upon filing the lawsuit. Thus, unless you have omitted an array of facts in your posting or unless the order you are awaiting will serve as a springboard to a new and separate action, the statue of limitations will be of no relevance.

Good luck to you.

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Answered on 12/10/11, 8:09 pm


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